Legal Question in Family Law in India
My niece(1st) and my mother(2nd) is a nominee of large sum of money made by my father, who left us last year.
As 1st nominee my niece has claimed the money by submitting no objection from my mother(2nd) and has kept it in his possession with giving it to us.
My question is:
1. Who is the actually holder of the fund?
2. Can we claim it?
3. If he denies to give, then what law of action can we take against him.
4 Answers from Attorneys
If your father has left a will, you should try to obtain a probate; if not, you should apply for a succession certificate from teh court. As his legal heir, you are entitled to get a share.
A nominee is entitled to receive the money but keep the same as a trustee on behalf of the actual owners. Since it is your father's money, you may be entitled to inherit and receive your share from the nominee. You may file a civil suit claiming your share.
the niece has no right over the money even thought she was the nominee as the niece is not a class I legal heir. you may move to the civil court for succession and also seek stay against the bank and other authorities restraining them from paying the money to niece.
The position of the nominee is just like a custodian. so it will be distributed amongst the legal heirs. you apply to the court for getting the same.
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